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Indian Contract Act, 1872

Section 146

Agent's authority may be expressed or implied

Quick Answer Reference: Section 146 Contract Act

  • Provision: Section 146 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 146 of Contract Act say?

Section 146 of the Indian Contract Act, 1872, states that 'the authority of an agent may be expressed or implied.' This means that an agent's authority can be either express or implied. Express authority is given by the principal to the agent in explicit terms, whereas implied authority arises from the circumstances of the case, the conduct of the parties, and the ordinary course of dealing. The section emphasizes the importance of understanding the scope of an agent's authority, as an agent's actions are binding on the principal only to the extent of his authority. The courts have interpreted this section to mean that an agent's implied authority is not limited to the specific tasks assigned to him but also extends to all such acts as are reasonably necessary to carry out his duties.

Indian StandardSection 146, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 146 (India)
Court Pleading StandardSection 146 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/146

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 146 Contract Act

What is Section 146 of Contract Act?

Section 146 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Agent's authority may be expressed or implied". The section states: Section 146 of the Indian Contract Act, 1872, states that 'the authority of an agent may be expressed or implied.' This means that an agent's authority can be either express or imp...

Landmark Case Laws

Landmark Judgments under Section 146 Contract Act

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 146

Related Concepts